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DEP, III IIIIII~IIIIII III ~ENGIN• S <br />ALBUOUEROi sss <br />SOUTHERN COLORADO RE(iULn ~ ORY OFFICE <br />P.O. BOX 294, PUEBLO, COLORADO 87002-0294 <br />NEV~r ro <br />•TTENTION OF: <br />April 2, 1993 <br />Construction and Operations Division <br />Regulatory Branch <br />Mr. James A. Stevens <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Stevens: <br />R~~E~~ED <br />APR ~ 1993 <br />Ory~s~On 01 ihinE~q~` <br />a "~Oi~yY <br />This is in response to your notice dated March 17, 1993, <br />regarding an application by Mike Coleman and Jerry Seifert to <br />conduct gravel mining operations at the Schoolfield Pit, CDMG <br />File No. M-93-027, (Corps of Engineers Action No. 1993 30062). <br />We have studied the project description, other records, and <br />documents available to us. The site is located near Westcliffe, <br />Custer County, Colorado, in Section 2, Township 235, Range 72W. <br />Information available to us indicates that the mining site does <br />not contain waters of the United States. However, waters of the <br />United States of which we are not aware may be located on the <br />site. <br />If the proposed work involves discharges of dredged or fill <br />material into waters of the United States, a Department of the <br />Army permit under Section 404 of the Clean Water Act may be <br />required. Waterfilled depressions created in dry land incidental <br />to construction activity or pits excavated in dry land for the <br />purpose of obtaining, fill, sand, or gravel are generally not <br />considered to be waters of the United States until the pit is no <br />longer used for obtaining fill. At that time, Waterfilled <br />depressions may be considered a water of the United States and <br />the placement of dredged or fill material into the pit may be <br />regulated. <br />The work may be permitted by one of the following nationwide <br />permits: minor road crossings (33 CFR 330, App. A, No. 14); <br />return water from an upland contained dredged material disposal <br />area (33 CFR 330, App. A, No. 16); or discharges of fill into <br />certain waters (33 CFR 330, App. A, No. 26). Temporary roads for <br />moving mining equipment may be exempted by regulation (33 CFR <br />323.4(a){6)). <br />